BNS Section 88 : Causing Miscarriage
Section 88 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section specifically criminalises the act of causing a miscarriage without the woman’s consent, emphasising the importance of her voluntary agreement in such matters.
Definition of BNS Section 88
Section 88 of the BNS 2023 States:
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
Explanation and Illustration of BNS Section 88
Section 88 of the Bharatiya Nyaya Sanhita (BNS), 2023 sets out specific punishments depending on the nature of the miscarriage and the stage of pregnancy.
Explanation of Section 88
Illustrations
A man intentionally causes his wife to miscarry by administering harmful substances, knowing that the pregnancy is not life-threatening. The wife suffers a miscarriage as a result. Since the miscarriage was not done to save her life, the man could face imprisonment for up to three years and may also face a fine.
Key Points of BNS Section 88
Definition: 'Voluntarily causing miscarriage' refers to any intentional act that results in a woman losing her pregnancy.
Punishment: If the miscarriage occurs without 'good faith' (i.e., without a valid legal or medical reason, such as saving the woman's life), the offender may face imprisonment for up to three years, a fine, or both.
Miscarriage in Good Faith
Exception: An exception exists if the miscarriage is caused in good faith to save the woman's life. In such cases, a medical procedure resulting in miscarriage for life-saving purposes is not punishable under this law.
Woman 'Quick with Child'
Definition: The term 'quick with child' refers to the stage of pregnancy when the fetus is noticeably moving in the womb, typically between 16 to 20 weeks. Causing a miscarriage at this stage is treated more seriously under the law.
Punishment: If the woman is 'quick with child' and a miscarriage occurs without good faith, the penalty increases to up to seven years of imprisonment, along with a possible fine.
Different Punishments Based on Circumstances
Good Faith Exemption
The concept of 'good faith' is central to this law. If a miscarriage is performed to protect the health or life of the woman, no offense is considered to have occurred. This applies to medical professionals acting in emergencies.
Application and Importance
This law helps safeguard women from illegal or unsafe abortions, while ensuring that necessary medical procedures for the protection of the woman's health or life are not penalised.
Differences Between Section 88 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 88 of BNS and its equivalent IPC section 312 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 88 | Causing miscarriage. | 312 | No change. |
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FAQs about Section 88 of the Bharatiya Nyaya Sanhita (BNS)
Is the offense under Section 88 bailable?
Yes, the offense is bailable, meaning the accused can seek bail at the police station or through the court
Where is the trial for a Section 88 offense held?
The trial for offenses under Section 88 is conducted in the Magistrate’s court of the first class
What happens if the miscarriage is caused due to medical complications?
If the miscarriage is caused due to medical complications or the need to save the woman's life, it is not punishable under Section 88, as it falls under the 'good faith' exception.
Is the offense under Section 88 applicable to men?
Yes, men who cause a woman to miscarry through any means without good faith can be charged under this section.
How does Section 88 compare to similar sections in other laws?
Section 88 shares similarities with provisions in the Indian Penal Code (IPC), specifically those dealing with offenses related to causing miscarriage, but it provides more specific details on punishments for advanced pregnancies.
Can a person be fined instead of imprisoned for causing a miscarriage?
Yes, in cases where the miscarriage is not caused with good faith, the offender may be subject to a fine or imprisonment, or both, depending on the court's decision.
What is the significance of the term 'voluntarily' in Section 88?
'Voluntarily' implies that the person causing the miscarriage does so intentionally, rather than it being an unintended consequence of an act.
